S.B. No. 8
 
 
 
 
AN ACT
  relating to the flexibility of the board of trustees of a school
  district in the management and operation of public schools in the
  district.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 21.0031, Education Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (b-1) to
  read as follows:
         (a)  An employee's probationary, continuing, or term
  contract under this chapter is void if the employee:
               (1)  does not hold a valid certificate or permit issued
  by the State Board for Educator Certification; [or]
               (2)  fails to fulfill the requirements necessary to
  renew or extend the employee's temporary, probationary, or
  emergency certificate or any other certificate or permit issued
  under Subchapter B; or
               (3)  fails to comply with any requirement under
  Subchapter C, Chapter 22, if the failure results in suspension or
  revocation of the employee's certificate under Section
  22.0831(f)(2).
         (b)  If a school district has knowledge that an [After an
  employee receives notice that the] employee's contract is void
  under Subsection (a):
               (1)  the [a school] district may, except as provided by
  Subsection (b-1):
                     (A)  terminate the employee;
                     (B)  suspend the employee with or without pay; or
                     (C)  retain the employee for the remainder of the
  school year on an at-will employment basis in a position other than
  a position required to be held by an employee under a contract under
  Section 21.002 [classroom teacher] at the employee's existing rate
  of pay or at a reduced rate; and
               (2)  the employee is not entitled to the minimum salary
  prescribed by Section 21.402.
         (b-1)  A school district may not terminate or suspend under
  Subsection (b) an employee whose contract is void under Subsection
  (a)(1) or (2) because the employee failed to renew or extend the
  employee's certificate or permit if the employee:
               (1)  requests an extension from the State Board for
  Educator Certification to renew, extend, or otherwise validate the
  employee's certificate or permit; and
               (2)  not later than the 10th day after the date the
  contract is void, takes necessary measures to renew, extend, or
  otherwise validate the employee's certificate or permit, as
  determined by the State Board for Educator Certification.
         SECTION 2.  Section 21.051, Education Code, is amended to
  read as follows:
         Sec. 21.051.  RULES REGARDING FIELD-BASED EXPERIENCE AND
  OPTIONS FOR FIELD EXPERIENCE AND INTERNSHIPS. (a)  In this
  section, "teacher of record" means a person employed by a school
  district who teaches the majority of the instructional day in an
  academic instructional setting and is responsible for evaluating
  student achievement and assigning grades.
         (b)  Before a school district may employ a candidate for
  certification as a teacher of record, the candidate must complete
  at least 15 hours of field-based experience in which the candidate
  is actively engaged in instructional or educational activities
  under supervision at:
               (1)  a public school campus accredited or approved for
  the purpose by the agency; or
               (2)  a private school recognized or approved for the
  purpose by the agency.
         (c)  Subsection (b) applies only to an initial certification
  issued on or after September 1, 2012. Subsection (b) does not
  affect:
               (1)  the validity of a certification issued before
  September 1, 2012; or
               (2)  the eligibility of a person who holds a
  certification issued before September 1, 2012, to obtain a
  subsequent renewal of the certification in accordance with board
  rule.
         (d)  Subsection (b) does not affect the period within which
  an individual must complete field-based experience hours as
  determined by board rule if the individual is not accepted into an
  educator preparation program before the deadline prescribed by
  board rule and is hired for a teaching assignment by a school
  district after the deadline prescribed by board rule.
         (e)  The board shall propose rules relating to the
  field-based experience required by Subsection (b).  The
  commissioner by rule shall adopt procedures and standards for
  recognizing a private school under Subsection (b)(2).
         (f)  The board shall propose rules providing flexible
  options for persons for any field-based [field] experience or
  internship required for certification.
         SECTION 3.  Subsection (a), Section 21.103, Education Code,
  is amended to read as follows:
         (a)  The board of trustees of a school district may terminate
  the employment of a teacher employed under a probationary contract
  at the end of the contract period if in the board's judgment the
  best interests of the district will be served by terminating the
  employment. The board of trustees must give notice of its decision
  to terminate the employment to the teacher not later than the 10th 
  [45th] day before the last day of instruction required under the
  contract.  The notice must be delivered personally by hand delivery
  to the teacher on the campus at which the teacher is employed,
  except that if the teacher is not present on the campus on the date
  that hand delivery is attempted, the notice must be mailed by
  prepaid certified mail or delivered by express delivery service to
  the teacher's address of record with the district. Notice that is
  postmarked on or before the 10th day before the last day of
  instruction is considered timely given under this subsection.  The
  board's decision is final and may not be appealed.
         SECTION 4.  Subsection (b), Section 21.104, Education Code,
  is amended to read as follows:
         (b)  In lieu of discharge or pending discharge, a school
  district may suspend a teacher without pay for good cause as
  specified by Subsection (a) for a period not to extend beyond the
  end of the current school year.
         SECTION 5.  Subchapter C, Chapter 21, Education Code, is
  amended by adding Section 21.1041 to read as follows:
         Sec. 21.1041.  HEARING UNDER PROBATIONARY CONTRACT. A
  teacher is entitled to:
               (1)  a hearing as provided by Subchapter F, if the
  teacher is protesting proposed action under Section 21.104; or
               (2)  a hearing in a manner provided under Section
  21.207 for nonrenewal of a term contract or a hearing provided by
  Subchapter F, as determined by the board of trustees of the
  district, if the teacher is protesting proposed action to terminate
  a probationary contract before the end of the contract period on the
  basis of a financial exigency declared under Section 44.011 that
  requires a reduction in personnel.
         SECTION 6.  Subsection (b), Section 21.156, Education Code,
  is amended to read as follows:
         (b)  In lieu of discharge or pending discharge, a school
  district may suspend a teacher without pay for good cause as
  specified by Subsection (a) for a period not to extend beyond the
  end of the current school year.
  SECTION 7.  Section 21.157, Education Code, is amended to
  read as follows:
         Sec. 21.157.  NECESSARY REDUCTION OF PERSONNEL. A teacher
  employed under a continuing contract may be released at the end of a
  school year and the teacher's employment with the school district
  terminated at that time because of a necessary reduction of
  personnel by the school district, with those reductions made
  primarily based upon teacher appraisals administered under Section
  21.352 [in the reverse order of seniority] in the specific teaching
  fields and other criteria as determined by the board.
         SECTION 8.  Subsection (b), Section 21.159, Education Code,
  is amended to read as follows:
         (b)  A teacher who notifies the board of trustees within the
  time prescribed by Subsection (a) is entitled to:
               (1)  a hearing as provided by Subchapter F, if the
  teacher is protesting proposed action under Section 21.156; or
               (2)  a hearing in a manner provided under Section
  21.207 for nonrenewal of a term contract or a hearing provided by
  Subchapter F, as determined by the board, if the teacher is
  protesting proposed action under Section 21.157 or proposed action
  to terminate a term contract at any time on the basis of a financial
  exigency declared under Section 44.011 that requires a reduction in
  personnel.
         SECTION 9.  Subsection (a), Section 21.206, Education Code,
  is amended to read as follows:
         (a)  Not later than the 10th [45th] day before the last day of
  instruction in a school year, the board of trustees shall notify in
  writing each teacher whose contract is about to expire whether the
  board proposes to renew or not renew the contract.  The notice must
  be delivered personally by hand delivery to the teacher on the
  campus at which the teacher is employed, except that if the teacher
  is not present on the campus on the date that hand delivery is
  attempted, the notice must be mailed by prepaid certified mail or
  delivered by express delivery service to the teacher's address of
  record with the district. Notice that is postmarked on or before
  the 10th day before the last day of instruction is considered timely
  given under this subsection.
         SECTION 10.  Section 21.207, Education Code, is amended by
  amending Subsections (a) and (c) and adding Subsection (b-1) to
  read as follows:
         (a)  If the teacher desires a hearing after receiving notice
  of the proposed nonrenewal, the teacher shall notify the board of
  trustees in writing not later than the 15th day after the date the
  teacher receives hand delivery of the notice of the proposed
  action, or if the notice is mailed by prepaid certified mail or
  delivered by express delivery service, not later than the 15th day
  after the date the notice is delivered to the teacher's address of
  record with the district. The board shall provide for a hearing to
  be held not later than the 15th day after the date the board
  receives the request for a hearing unless the parties agree in
  writing to a different date. The hearing must be closed unless the
  teacher requests an open hearing.
         (b-1)  Notwithstanding any other provision of this code,
  this subsection applies only to a school district with an
  enrollment of at least 5,000 students.  The board of trustees may
  designate an attorney licensed to practice law in this state to hold
  the hearing on behalf of the board, to create a hearing record for
  the board's consideration and action, and to recommend an action to
  the board. The attorney serving as the board's designee may not be
  employed by a school district and neither the designee nor a law
  firm with which the designee is associated may be serving as an
  agent or representative of a school district, of a teacher in a
  dispute between a district and a teacher, or of an organization of
  school employees, school administrators, or school boards of
  trustees. Not later than the 15th day after the completion of the
  hearing under this subsection, the board's designee shall provide
  to the board a record of the hearing and the designee's
  recommendation of whether the contract should be renewed or not
  renewed. The board shall consider the record of the hearing and the
  designee's recommendation at the first board meeting for which
  notice can be posted in compliance with Chapter 551, Government
  Code, following the receipt of the record and recommendation from
  the board's designee, unless the parties agree in writing to a
  different date.  At the meeting, the board shall consider the
  hearing record and the designee's recommendation and allow each
  party to present an oral argument to the board.  The board by
  written policy may limit the amount of time for oral argument.  The
  policy must provide equal time for each party.  The board may obtain
  advice concerning legal matters from an attorney who has not been
  involved in the proceedings.  The board may accept, reject, or
  modify the designee's recommendation.  The board shall notify the
  teacher in writing of the board's decision not later than the 15th
  day after the date of the meeting.
         (c)  At the hearing before the board or the board's designee,
  the teacher may:
               (1)  be represented by a representative of the
  teacher's choice;
               (2)  hear the evidence supporting the reason for
  nonrenewal;
               (3)  cross-examine adverse witnesses; and
               (4)  present evidence.
         SECTION 11.  Section 21.212, Education Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  On the basis of a financial exigency declared under
  Section 44.011 that requires a reduction in personnel, the board of
  trustees of a school district may choose to amend the terms of the
  contract of a superintendent employed under a term contract.  A
  superintendent whose contract is amended under this subsection may
  resign without penalty by providing reasonable notice to the board
  and may continue employment for that notice period under the prior
  contract.
         SECTION 12.  Section 21.251, Education Code, is amended to
  read as follows:
         Sec. 21.251.  APPLICABILITY. (a)  This subchapter applies
  if a teacher requests a hearing after receiving notice of the
  proposed decision to:
               (1)  terminate the teacher's continuing contract at any
  time, except as provided by Subsection (b)(3);
               (2)  terminate the teacher's probationary or term
  contract before the end of the contract period, except as provided
  by Subsection (b)(3); or
               (3)  suspend the teacher without pay.
         (b)  This subchapter does not apply to:
               (1)  a decision to terminate a teacher's employment at
  the end of a probationary contract; [or]
               (2)  a decision not to renew a teacher's term contract,
  unless the board of trustees of the employing district has decided
  to use the process prescribed by this subchapter for that purpose;
  or
               (3)  a decision, on the basis of a financial exigency
  declared under Section 44.011 that requires a reduction in
  personnel, to terminate a probationary or term contract before the
  end of the contract period or to terminate a continuing contract at
  any time, unless the board of trustees has decided to use the
  process prescribed by this subchapter for that purpose.
         SECTION 13.  Section 21.257, Education Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  A determination by the hearing examiner regarding
  good cause for the suspension of a teacher without pay or the
  termination of a probationary, continuing, or term contract is a
  conclusion of law and may be adopted, rejected, or changed by the
  board of trustees or board subcommittee as provided by Section
  21.259(b).
         SECTION 14.  Subsection (b), Section 21.259, Education Code,
  is amended to read as follows:
         (b)  The board of trustees or board subcommittee may adopt,
  reject, or change the hearing examiner's:
               (1)  conclusions of law, including a determination
  regarding good cause for suspension without pay or termination; or
               (2)  proposal for granting relief.
         SECTION 15.  Subsection (a), Section 21.402, Education Code,
  is amended to read as follows:
         (a)  Except as provided by Subsection [(d),] (e)[,] or (f), a
  school district must pay each classroom teacher, full-time
  librarian, full-time counselor certified under Subchapter B, or
  full-time school nurse not less than the minimum monthly salary,
  based on the employee's level of experience in addition to other
  factors, as determined by commissioner rule, determined by the
  following formula:
  MS = SF x FS
  where:
         "MS" is the minimum monthly salary;
         "SF" is the applicable salary factor specified by Subsection
  (c); and
         "FS" is the amount, as determined by the commissioner under
  Subsection (b), of state and local funds per weighted student,
  including funds provided under Section 42.2516, available to a
  district eligible to receive state assistance under Section 42.302
  with a maintenance and operations tax rate per $100 of taxable value
  equal to the product of the state compression percentage, as
  determined under Section 42.2516, multiplied by $1.50, except that
  the amount of state and local funds per weighted student does not
  include the amount attributable to the increase in the guaranteed
  level made by Chapter 1187, Acts of the 77th Legislature, Regular
  Session, 2001.
         SECTION 16.  Subchapter I, Chapter 21, Education Code, is
  amended by adding Sections 21.4021, 21.4022, and 21.4032 to read as
  follows:
         Sec. 21.4021.  FURLOUGHS. (a)  Notwithstanding Section
  21.401 and subject to Section 21.4022, the board of trustees of a
  school district may, in accordance with district policy, implement
  a furlough program and reduce the number of days of service
  otherwise required under Section 21.401 by not more than six days of
  service during a school year if the commissioner certifies in
  accordance with Section 42.009 that the district will be provided
  with less state and local funding for that year than was provided to
  the district for the 2010-2011 school year.
         (b)  Notwithstanding Section 21.402, the board of trustees
  may reduce the salary of an employee who is furloughed in proportion
  to the number of days by which service is reduced, provided that the
  furlough program is implemented in compliance with this section.
         (b-1)  A furlough program must subject all contract
  personnel to the same number of furlough days.
         (c)  An educator may not be furloughed on a day that is
  included in the number of days of instruction required under
  Section 25.081.
         (d)  An educator may not use personal, sick, or any other
  paid leave while the educator is on a furlough.
         (e)  A furlough imposed under this section does not
  constitute a break in service for purposes of the Teacher
  Retirement System of Texas.  A furlough day does not constitute a
  day of service for purposes of the Teacher Retirement System of
  Texas.
         (f)  Implementation of a furlough program may not result in
  an increase in the number of required teacher workdays.
         (g)  If a board of trustees adopts a furlough program after
  the date by which a teacher must give notice of resignation under
  Section 21.105, 21.160, or 21.210, as applicable, a teacher who
  subsequently resigns is not subject to sanctions imposed by the
  State Board for Educator Certification as otherwise authorized by
  those sections.
         (h)  A decision by the board of trustees to implement a
  furlough program:
               (1)  is final and may not be appealed; and
               (2)  does not create a cause of action or require
  collective bargaining.
         (i)  Any reduction under this section in the amount of the
  annual salary paid to an employee must be equally distributed over
  the course of the employee's current contract with the school
  district.
         Sec. 21.4022.  REQUIRED PROCESS FOR DEVELOPMENT OF FURLOUGH
  PROGRAM OR OTHER SALARY REDUCTION PROPOSAL. (a)  The board of
  trustees of a school district may not implement a furlough program
  under Section 21.4021 or reduce salaries until the district has
  complied with this section.
         (b)  A school district must use a process to develop a
  furlough program or other salary reduction proposal, as applicable,
  that:
               (1)  includes the involvement of the district's
  professional staff; and
               (2)  provides district employees with the opportunity
  to express opinions regarding the furlough program or salary
  reduction proposal, as applicable, at the public meeting required
  by Subsection (c).
         (c)  The board of trustees must hold a public meeting at
  which the board and school district administration present:
               (1)  information regarding the options considered for
  managing the district's available resources, including
  consideration of a tax rate increase and use of the district's
  available fund balance;
               (2)  an explanation of how the district intends,
  through implementation of a furlough program under Section 21.4021
  or through other salary reductions, as applicable, to limit the
  number of district employees who will be discharged or whose
  contracts will not be renewed; and
               (3)  information regarding the local option residence
  homestead exemption.
         (d)  Any explanation of a furlough program under Subsection
  (c)(2) must state the specific number of furlough days proposed to
  be required.
         (e)  The public and school district employees must be
  provided with an opportunity to comment at the public meeting
  required under Subsection (c).
         Sec. 21.4032.  REDUCTIONS IN SALARIES OF CLASSROOM TEACHERS
  AND ADMINISTRATORS. (a)  This section applies only to a widespread
  reduction in the amount of the annual salaries paid to school
  district classroom teachers based primarily on district financial
  conditions rather than on teacher performance.
         (b)  For any school year in which a school district has
  reduced the amount of the annual salaries paid to district
  classroom teachers from the amount paid for the preceding school
  year, the district shall reduce the amount of the annual salary paid
  to each district administrator or other professional employee by a
  percent or fraction of a percent that is equal to the average
  percent or fraction of a percent by which teacher salaries have been
  reduced.
         SECTION 17.  Subsection (a), Section 38.101, Education Code,
  is amended to read as follows:
         (a)  Except as provided by Subsection (b), a school district
  annually shall assess the physical fitness of students enrolled in
  grade three or higher in a course that satisfies the curriculum
  requirements for physical education under Section 28.002(a)(2)(C) 
  [grades 3 through 12].
         SECTION 18.  Subchapter A, Chapter 42, Education Code, is
  amended by adding Section 42.009 to read as follows:
         Sec. 42.009.  DETERMINATION OF FUNDING LEVELS. (a)  Not
  later than July 1 of each year, the commissioner shall determine for
  each school district whether the estimated amount of state and
  local funding per student in weighted average daily attendance to
  be provided to the district under the Foundation School Program for
  maintenance and operations for the following school year is less
  than the amount provided to the district for the 2010-2011 school
  year.  If the amount estimated to be provided is less, the
  commissioner shall certify the percentage decrease in funding to be
  provided to the district.
         (b)  In making the determinations regarding funding levels
  required by Subsection (a), the commissioner shall:
               (1)  make adjustments as necessary to reflect changes
  in a school district's maintenance and operations tax rate;
               (2)  for a district required to take action under
  Chapter 41 to reduce its wealth per student to the equalized wealth
  level, base the determinations on the district's net funding levels
  after deducting any amounts required to be expended by the district
  to comply with Chapter 41; and
               (3)  determine a district's weighted average daily
  attendance in accordance with this chapter as it existed on January
  1, 2011.
         SECTION 19.  Subchapter A, Chapter 44, Education Code, is
  amended by adding Section 44.011 to read as follows:
         Sec. 44.011.  FINANCIAL EXIGENCY. (a)  The board of
  trustees of a school district may adopt a resolution declaring a
  financial exigency for the district.  The declaration expires at
  the end of the fiscal year during which the declaration is made
  unless the board adopts a resolution before the end of the fiscal
  year declaring continuation of the financial exigency for the
  following fiscal year.
         (b)  The board is not limited in the number of times the board
  may adopt a resolution declaring continuation of the financial
  exigency.
         (c)  A board may terminate a financial exigency declaration
  at any time if the board considers it appropriate.
         (d)  Each time the board adopts a resolution under this
  section, the board must notify the commissioner. The commissioner
  by rule shall prescribe the time and manner in which notice must be
  given to the commissioner under this subsection.
         (e)  The commissioner by rule shall adopt minimum standards
  concerning school district financial conditions that must exist for
  declaration of a financial exigency by the board of trustees of the
  district.
         (f)  The commissioner may use emergency rulemaking
  procedures to adopt rules under Subsection (e). This subsection
  expires September 1, 2013.
         SECTION 20.  Subchapter F, Chapter 552, Government Code, is
  amended by adding Section 552.2661 to read as follows:
         Sec. 552.2661.  CHARGE FOR COPY OF PUBLIC INFORMATION
  PROVIDED BY SCHOOL DISTRICT. A school district that receives a
  request to produce public information for inspection or publication
  or to produce copies of public information in response to a
  requestor who, within the preceding 180 days, has accepted but
  failed to pay written itemized statements of estimated charges from
  the district as provided under Section 552.261(b) may require the
  requestor to pay the estimated charges for the request before the
  request is fulfilled.
         SECTION 21.  The following provisions of the Education Code
  are repealed:
               (1)  Section 12.1331;
               (2)  Subsection (d), Section 21.402; and
               (3)  Subsections (b) and (c), Section 33.902.
         SECTION 22.  On or before January 1, 2012, the State Board
  for Educator Certification shall propose rules relating to educator
  certification as prescribed by Section 21.051, Education Code, as
  amended by this Act.
         SECTION 23.  The changes in law made by this Act apply only
  to a hearing examiner's determination regarding good cause that is
  contained in a written recommendation under Section 21.257,
  Education Code, issued on or after the effective date of this Act.
         SECTION 24.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect on the 91st day after the last day of
  the legislative session.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 8 passed the Senate on
  June 6, 2011, by the following vote:  Yeas 18, Nays 12;
  June 20, 2011, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; June 21, 2011,
  House granted request of the Senate; June 27, 2011, Senate adopted
  Conference Committee Report by the following vote:  Yeas 19,
  Nays 11.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 8 passed the House, with
  amendments, on June 16, 2011, by the following vote:  Yeas 88,
  Nays 55, one present not voting; June 21, 2011, House granted
  request of the Senate for appointment of Conference Committee;
  June 27, 2011, House adopted Conference Committee Report by the
  following vote:  Yeas 80, Nays 63, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor